Zombie et al v. UMG Recordings, Inc.

Filing 27

ORDER continuing motion (tf, COURT STAFF) (Filed on 8/25/2011)

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David M. Given (State Bar No. 142375)
[e-mail]
Nicholas A. Carlin (State Bar No.
112532)
[e-mail]
Alexander H. Tuzin (State Bar No.
267760)
[e-mail]
PHILLIPS, ERLEWINE & GIVEN LLP
50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-398-0911

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Attorneys for Plaintiffs and The Tubes

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Jeffrey D. Goldman (State Bar No. 155589)
[e-mail]
Ryan S. Mauck (State Bar No. 223173)
[e-mail]
Brian M. Yates (State Bar No. 241798)
[e-mail]
JEFFER MANGELS BUTLER & MITCHELL
LLP
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: [phone]
Facsimile: 310-203-0567
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROB ZOMBIE, a/k/a Robert Wolfgang
Zombie, f/k/a Robert Cummings; WHITE
ZOMBIE, a general partnership;
WHITESNAKE, a doing business as
designation of David Coverdale, by and for
WHITESNAKE PRODUCTIONS
(OVERSEAS) LIMITED; and DAVE
MASON, individually and on behalf of all
others similarly situated,

Case No. CV 11-02431 SI
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
DATE
The Honorable Susan Illston

Plaintiffs,

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vs.

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UMG RECORDINGS, INC., a Delaware
corporation,

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Defendant.

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-02431 SI

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Plaintiffs in the above-captioned action, Defendant UMG Recordings, Inc. (“UMGR”),

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and proposed intervener, The Tubes, by and through their counsel, hereby stipulate as follows:

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WHEREAS, Plaintiffs in this case filed their complaint on May 18, 2011;

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WHEREAS, on June 1, 2011, the Court issued an Order relating this case to the case

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entitled Rick James et. al. v. UMG Recordings, Inc., Case No. CV 11-01613 SI (the “James

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Action”);

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WHEREAS, on July 8, 2011, UMGR filed in this case: (a) a Motion to Dismiss Action for

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Improper Venue or Transfer Action to Central District of California (“Zombie Venue Motion”);

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and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California Business &

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Professions Code § 17200 (“Zombie Motion to Dismiss”);
WHEREAS, on June 10, 2011, UMGR filed in the James Action: (a) a Motion to Dismiss

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Action for Improper Venue or Transfer Action to Central District of California (“James Venue

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Motion”); and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California

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Business & Professions Code § 17200 (“James Motion to Dismiss”);

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WHEREAS, on July 27, 2011, The Tubes filed in this case a Motion to Intervene as
Plaintiff and Additional Class Representative (“Motion to Intervene”);
WHEREAS, the Zombie Venue Motion, Zombie Motion to Dismiss, Motion to Intervene,
James Venue Motion, and James Motion to Dismiss have all been fully briefed;
WHEREAS, by notice dated August 18, 2011, the hearing on the Zombie Venue Motion,

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Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2, 2011 at

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9:00 a.m. (Docket No. 25);

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WHEREAS, on August 19, 2011, the Court’s law clerk confirmed by email that the

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hearing on the James Venue Motion and James Motion to Dismiss was also continued until

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September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently

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scheduled to be heard at that time;

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WHEREAS, due to prior-scheduled commitments, counsel are unavailable for a hearing

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on September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all

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pending motions to the next hearing date that is available for the Court and the parties;
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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-02431 SI

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WHEREAS, due to prior-scheduled commitments, counsel for the parties are unavailable
for a hearing on September 9, 2011 or September 16, 2011;
WHEREAS, the parties therefore jointly and respectfully request that the Court continue
the hearing on all pending motions until September 22, 2011 at 9:00 a.m.;

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WHEREAS, the purpose of this request is not for delay;

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WHEREAS, the requested continuance will not alter any other deadlines set by the Court;

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WHEREAS, concurrent with the filing of this stipulation, the parties in the James Action

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are filing a similar request to continue the hearing on the motions pending in that case (i.e., the

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James Venue Motion and James Motion to Dismiss) to the same hearing date, September 22,

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2011 at 9:00 a.m.;

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IT IS HEREBY STIPULATED THAT:

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1.

The parties respectfully request that the hearing on the pending Zombie Venue

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Motion, Zombie Motion to Dismiss, and Motion to Intervene be continued from September 2,

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2011 until September 22, 2011 at 9:00 a.m.

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IT IS SO STIPULATED.

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Dated: August 22, 2011

PHILLIPS, ERLEWINE & GIVEN LLP
DAVID M. GIVEN
NICHOLAS A. CARLIN
ALEXANDER H. TUZIN

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By:

/s/ David M. Given
David M. Given

Counsel for Plaintiffs Rob Zombie et al. and The
Tubes

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-02431 SI

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Dated: August 22, 2011

JEFFER MANGELS BUTLER & MITCHELL
LLP
JEFFREY D. GOLDMAN
RYAN S. MAUCK
BRIAN M. YATES

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By:

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/s/ Jeffrey D. Goldman
Jeffrey D. Goldman

Counsel for Defendant UMG Recordings, Inc.

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I, Roger N. Heller, am the ECF User whose ID and password are being used to file this
document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in
the filing of the document has been obtained from each of the other signatories.

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By:

/s/ Roger N. Heller

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-02431 SI

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that:

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The hearing on the pending Zombie Venue Motion, Zombie Motion to Dismiss,

and Motion to Intervene is continued until September 22, 2011 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

_________________________________
The Honorable Susan Illston
United States District Judge

8/25/11

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934727.1

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-02431 SI

1

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David M. Given (State Bar No. 142375)
[e-mail]
Nicholas A. Carlin (State Bar No.
112532)
[e-mail]
Alexander H. Tuzin (State Bar No.
267760)
[e-mail]
PHILLIPS, ERLEWINE & GIVEN LLP
50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-398-0911

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Attorneys for Plaintiffs and The Tubes

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROB ZOMBIE, a/k/a Robert Wolfgang
Zombie, f/k/a Robert Cummings; WHITE
ZOMBIE, a general partnership;
WHITESNAKE, a doing business as
designation of David Coverdale, by and for
WHITESNAKE PRODUCTIONS
(OVERSEAS) LIMITED; and DAVE
MASON, individually and on behalf of all
others similarly situated,

Case No. CV 11-02431 SI
DECLARATION OF DAVID M. GIVEN
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER CONTINUING
HEARING DATE
The Honorable Susan Illston

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Plaintiffs,
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vs.
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UMG RECORDINGS, INC., a Delaware
corporation,
Defendant.

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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-02431

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I, David M. Given, declare as follows:

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1.

I am admitted to practice before this Court and am an attorney at Phillips, Erlewine

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& Given LLP, counsel for Plaintiffs and proposed intervener The Tubes in the above-captioned

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action. I submit this declaration in support of the parties’ Stipulation and [Proposed] Order

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Continuing Hearing Date. The facts set forth herein are based upon personal knowledge.

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2.

By notice dated August 18, 2011, the hearing on the pending Zombie Venue

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Motion, Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2,

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2011 at 9:00 a.m. (Zombie Docket No. 25).

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3.

On August 19, 2011, the Court’s law clerk confirmed by email that the hearing on

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the pending James Venue Motion and James Motion to Dismiss was also continued until

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September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently

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scheduled to be heard at that time.

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4.

Due to prior-scheduled commitments, counsel are unavailable for a hearing on

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September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all

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pending motions to the next hearing date that is available for the Court and the parties. Due to

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prior-schedule commitments, counsel for the parties are unavailable for a hearing on September 9,

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2011 or September 16, 2011. The parties therefore jointly and respectfully request that the Court

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continue the hearing on all pending motions until September 22, 2011 at 9:00 a.m.

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5.

The parties previously requested the following time modifications in this case: (a)

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Stipulation To Extend Time To File Answer Or Other Response To Plaintiffs’ Complaint, filed

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June 1, 2011 (Zombie Docket No. 4); and (b) Stipulation To Continue Hearing Date And Amend

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Briefing Schedule On Defendant UMG Recordings, Inc.’s Pending Motions To Dismiss And

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Transfer, filed June 28, 2011 (Zombie Docket No. 7), which the Court granted by Order dated

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June 29, 2011 (Zombie Docket No. 8).

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6.

The purpose of the requested continuance is not delay. The requested continuance

will not alter any other deadlines set by the Court.

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I declare under penalty of perjury under the laws of the United States of America that the
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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-02431 SI

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foregoing is true and correct.

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Executed this 22nd day of August 2011 at San Francisco, California.

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__/s/ David M. Given_________

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David M. Given

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I, Roger N. Heller, am the ECF User whose ID and password are being used to file this
document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in
the filing of the document has been obtained from each of the other signatories.

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By:

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/s/ Roger N. Heller

934743.1

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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-02431 SI